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The Immigration and Asylum Appeals (Procedure) Rules 2000

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PART IVAPPEALS FROM TRIBUNAL

Application of Part IV

26.  This Part applies to applications to the Tribunal for leave to appeal, on a question of law, to the Court of Appeal or, in Scotland, to the Court of Session, from a final determination of an appeal by the Tribunal.

Leave to appeal

27.—(1) An application to the Tribunal for leave to appeal shall be made not later than 10 days after the party seeking to appeal has received written notice of the determination.

(2) An application for leave to appeal shall be made by serving upon the Tribunal and any other party a notice of application for leave to appeal on the appropriate prescribed form and shall include the grounds of appeal.

(3) The appropriate prescribed form shall be signed by the party seeking leave to appeal or his representative (if he has one).

(4) An application for leave to appeal shall be decided by a legally qualified member without a hearing.

(5) Where the Tribunal intends to grant leave to appeal, it may, having given every party an opportunity to make representations, instead, set aside the determination appealed against and direct that the appeal to the Tribunal be re-heard.

(6) Written notice of the Tribunal’s decision shall be sent to the parties.

(7) Any notice given under paragraph (6) shall contain, in summary form, the reasons for the decision.

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